News & Analysis as of

Zoning Laws

RLUIPA Suit Against Colonie, NY Dismissed As Unripe

A federal court in New York has dismissed religious discrimination and related claims alleged by an evangelical Christian church (the “Church”) against the Town of Colonie, New York, its agencies and officials (the “Town”),...more

The Opposite of CEQA Reform: Legally Flawed AB 890 Would Expand Opportunities for CEQA Litigation Abuse While Abridging...

by Miller Starr Regalia on

AB 890 (Medina – D), recently sent to Governor Brown for action by October 15, seeks to amend Government Code § 65867.5 and to add §§ 65363 and 65850.10 to prevent development agreements and certain types of land use planning...more

Legislature Seeks To Prevent Local Voters From Enacting Many Types of Pro-Development Initiatives

by Perkins Coie on

The California Legislature just sent another “stop me before I vote again” bill to the Governor. Assembly Bill 890 proposes to limit severely the scope of voter-sponsored, pro-development land use initiatives. The Governor...more

Department of Justice and Bensalem Township, PA Settle Lawsuit Over Mosque Denial

The United States Department of Justice (“DOJ”) has reached an agreement with Bensalem Township, Pennsylvania (“Township”), resolving allegations that the Township violated each of RLUIPA’s provisions when it denied a use...more

Southampton Town Requires Nitrogen Reducing Sanitary Systems (Innovative and Alternative On-Site Wastewater Treatment Systems)...

by Farrell Fritz, P.C. on

As outlined in our prior blog by Anthony S. Guardino, posted on March 20, 2017 entitled, “East Hampton Considers New Laws Mandating Nitrogen-Reducing Sanitary Systems and Offering Rebates to Replace Existing Systems”, similar...more

[Event] Nossaman's 2017 California Coastal Law Conference - October 10th, La Jolla, CA

by Nossaman LLP on

Nossaman LLP invites you to join us for the 3rd Coastal Law Conference at The Lodge at Torrey Pines in San Diego. This in-depth seminar will feature officials from the California Coastal Commission and State Lands Commission,...more

Municipality Prevails in Dispute Over Personal Chapel

The City of Brier, Washington (City) has prevailed over claims that it violated the Religious Land Use & Institutionalized Persons Act (RLUIPA) and other federal law in a dispute over a variance application to construct a...more

Land Use Lessons from the Eye of the Hurricane

by Miles & Stockbridge P.C. on

As I write this article, powerful Hurricane Irma is bearing down on Florida, and Hurricane Jose is close behind it, farther out in the Atlantic Ocean. Hurricane Irma has already devastated parts of the Caribbean Islands, and...more

Well, Isn't That a Special Use? Navigating the Special Use Permit Process in North Carolina

by Ward and Smith, P.A. on

North Carolina statutes provide that cities and counties may issue special use permits in accordance with the principles, conditions, safeguards, and procedures specified in their zoning regulations. A special use permit...more

Richmond’s Master Plan Update: A Rare Opportunity for the Real Estate Development Industry

by Williams Mullen on

On July 18, 2017, the City of Richmond formally initiated an update to the City-wide Master Plan, which it named “Richmond 300: A Guide for Growth”. Intended as a roadmap for the City’s development over the next 25 years, the...more

How to Fight City Hall, Part II

by Clark Hill PLC on

To the extent that an ordinance in ambiguous, it must be interpreted in favor of the property owner. I recently overturned an adverse decision against a client by the Webster Township Zoning Board of Appeals. In that...more

Court Dismisses Developer’s Claim Against Township For Damages

by Fox Rothschild LLP on

In the case of Cardinal Crossing v. Marple Township, the PA Commonwealth Court was faced with the issue of whether a developer, who spends substantial funds on a development, in reliance on statements of support from a...more

Solar Farms: Shining a Light on Zoning Requirements

by Miles & Stockbridge P.C. on

With anticipation and wonder many of us stood still for several moments on August 21, 2017 hoping to catch at least a glimpse of the much anticipated total eclipse of the sun. Whether you were fortunate to be in the area of...more

Seeking Site-Specific Relief After Successful Ordinance Validity Challenge

by Fox Rothschild LLP on

In a recent Commonwealth Court decision, Appeal of Chester County Outdoor, LLC, No. 1761 C.D. 2016, 2017 WL 3198266 (Pa. Comm. July 28, 2017), the Court held that, after a successful validity challenge to an ordinance, the...more

A/B Septic Systems Are Back In Play For Planning Module Approval For New Projects

by Fox Rothschild LLP on

Governor Tom Wolf signed into law, on July 20, 2017, Act 26, which amended the Pennsylvania Sewage Facilities Act concerning the use of alternate sewage systems for purposes of obtaining planning module approval from DEP for...more

Victory in Zoning Appeal

by Clark Hill PLC on

The Wastenaw County Circuit Court overturned an adverse decision by the Webster Township Zoning Board of Appeals, determining that seasonal barn weddings are a permitted use in the Agricultural zoning classification. I...more

Arrested Development? After year of defeating development, could LI be the ‘Land of No’ no longer?

by Farrell Fritz, P.C. on

This Long Island Business News Article quotes Farrel Fritz' Attorney Anthony Guardino. Long Island has long been a tapestry of small towns from Manhasset to Montauk, with local regulations that seem designed to help keep...more

Zoning Hurdles for Budding Pennsylvania Cannabis Businesses

by Cozen O'Connor on

The Pennsylvania Medical Marijuana Act (Act 16) establishes three different categories of permits for operators: (1) grow/process permits, (2) dispensary permits, and (3) clinical registrant permits. A limited number of...more

California Court of Appeal Again Rules in Favor of Public Against Billionaire Owner of Martins Beach

by Miller Starr Regalia on

Martins Beach, near Half Moon Bay in the County of San Mateo, is the subject of protracted litigation on various fronts stemming from tech billionaire Vinod Khosla’s 2009, decision to change the public’s access to and use of...more

Seventh Circuit Rules No Religious Discrimination Based On Sprinkler Requirement

The U.S. Court of Appeals for the Seventh Circuit has affirmed the decision of the Northern District of Illinois, finding against a faith-based recovery home’s claims of religious discrimination and Fair Housing Act...more

The Tiny House Craze: Zoning Laws Could Be a Tiny Impediment

by Miles & Stockbridge P.C. on

The “tiny house” movement is all the rage right now. The cause of the craze may be many faceted. Whether the popularity and demand is being driven by a shift in peoples’ preference to downsize to a more simplified lifestyle...more

7-Eleven versus the Town of Babylon: A Big Gulp of Red Tape

by Farrell Fritz, P.C. on

On July 7, 2017, Judge William G. Ford issued a decision in the case Matter of 7-Eleven, Inc. v. Town of Babylon, Supreme Court, Suffolk County, 2017 NY Slip Op 31467(U) , in which the Town was excoriated for its mishandling...more

MPC Permits A Private Cause Of Action To Enforce A SALDO

by Fox Rothschild LLP on

In a case caption Smith v. Ivy Lee Real Estate, LLC, the Commonwealth Court of Pennsylvania was faced with the question if Section 617 of the MPC permits a private cause of action to enforce a subdivision land development...more

City Council Land Use Committee Approves Midtown East Rezoning

by BakerHostetler on

On Thursday, July 27, the New York City Council’s Land Use Committee approved a long-awaited change to the zoning rules for East Midtown. The amendment establishes the “East Midtown Subdistrict” and affects the area between...more

Appeals Court Confirms That a Government Building Has the Status of a Pre-Existing Nonconforming Structure When Transferred to a...

by Goulston & Storrs PC on

In Gund, et al. v. Planning Board of Cambridge, et al., No. 15-P-1339 (Mass. App. Ct. July 19, 2017), neighbors of the former Sullivan Courthouse in Cambridge challenged special permits granted by the Cambridge Planning Board...more

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